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Tag Archives: Judge Robert E. Payne

Arbitrators exhibited ‘manifest disregard of the law’ (access required)

A panel of arbitrators, ignoring previous guidance from the court, disregarded the law that FINRA rules provide no private right of action. The court remanded with specific instructions that a broker’s counterclaims be considered by a different FINRA arbitration panel. ...

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Post-trial dispute in doorskin case resolved (access required)

Following the jury trial in a dispute between a doorskin manufacturer and purchaser, there continued to be disputes between the parties over the terms of their supply agreement, requiring the court to issue declaratory relief. Background This matter is before ...

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Prior convictions fell within definition of ‘controlled substances’ (access required)

The court rejected defendant’s objection to his sentence, finding prior Virginia convictions for possessing heroin with intent to distribute fell within the definition of crimes involving “controlled substances,” thus implicating the career-offender provision of the sentencing guidelines. Background Timothy A. ...

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In trade secret case, party gets royalties, not injunction (access required)

The court refused to enter a permanent injunction, despite the jury’s finding that eight trade secrets were misappropriated, because the moving party argued to the jury that a reasonable royalty would adequately compensate it for the theft, and the jury ...

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Challenge to jury’s trade secret verdict fails (access required)

Despite the fact the jury found that only eight of 67 alleged trade secrets were actually trade secrets, and only seven had been misappropriated, its resulting damages award was supported by the record. Background Steves is an independent manufacturer of ...

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Plaintiff’s “unclean hands” irrelevant to antitrust relief (access required)

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

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